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JAMES A.BECKWITH FONTANARI OBJECTIONS AND COMMENTS I SNOWCAP BOND APPLICATION SL-1 1 I PG.6 of Tract No. 70, Mr. Magers found and photographed surface subsidence cracks. In 1985, (Figs. 10 and 11), there were six parallel tension cracks on the surface varying in depth from 1/2 to 1 ft. and from 1-2 ft. in width. (M. at 11.) In 1991, there was but one tension crack varying from 1-2 feet in width; from 1-9 feet in depth; and stretching 200 feet across the same route as the six cracks noted in 1985. (M. at Fig. 12.) The Magers Report does not provide specific coordinates for any of the tension cracks he observed in 1985 and 1991. Mr. Magers, in his Figure 10, only identified that the cracks ran generally east-west between Rods A5 and A-6 on the west through Rods B-6 and B-7 on the east. Using current technology, two overlays were created of, first, Mr. Magers' Figure 10 with an aerial photograph of the Study Area and, second, Mr. Magers' Fig. 10 with the 1980 GEX Mine Map. (Fontanari Exhibit 7) On August 24, 2018, Rods A-5, A-6, B-6 and B-7 were located in the field. This revealed that Mr. Magers' 1991 crack is now a line of deep sinkholes in the same location including one such sinkhole that is measured to be at least 24 feet deep. On or about February 28, 1992, Powderhorn Coal Company created a map of the Northwest Section in anticipation of a request to modify its application before DBMS. (see Exhibit 2) On this map, Powderhorn identified those tunnels under the plateau of Tract No. 70 in which there had been roof collapses which left the tunnels inaccessible. This 1992 map revealed a length north-south line of collapsed tunnels running underneath the eastern boundary of Tract No. 70, and below a present line of sinkholes on the western edge of the canyon in Tract No. 70. In December 2015, DBMS and Snowcap entered into MR-82. There, Snowcap agreed to investigate all lands owned by Fontanari for the purpose of repairing, if needed, hydrologic communications between surface water and underground mine tunnels. Snowcap proposed a repair for only one sinkhole on Tract No. 71 and did not investigate or make any report to DBMS concerning any other Fontanari lands. In April 2016, a Fontanari research team conducted a site inspection of Tracts Nos. 70 and 71 using the same procedure DRMS employed in its August 2018 inspection. They walked the entirety of Tracts Nos. 70 and 71 to find and GPS man-made items (e.g., subsidence rods and SCP's) as well as natural items such as sinkholes, depressions, or surface tension cracks. In Tract No. 70, SCP 201 was found and noted on the 2016 Survey Plat created by Walter Eldridge, PLS 11980. (Fontanari Exhibit 8.) The A, B, and D Lines of subsidence rods Mr. Magers set were also found and platted on the 2016 Survey Plat. (Id.) By 2016, however, tension cracks were not observed on the surface. Instead, a series of "inline sinkholes" were found in the same location as the 200 feet long, 9 feet deep stress crack Mr. Magers noted in his Figure 10. (Id.) In Tract No. 70, two surface subsidence depressions and numerous sinkholes were logged. In October 2016, an additional inspection revealed more sinkholes, which were again photographed and platted on another Eldridge Survey. (Fontanari Exhibit 9.)